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Gaurav (Agent)     25 March 2013

Matrimonial house stay order

Is it easy to get a stay order for DIL to reside in MIL house if MIL files a case (DV) against her.

Is it easy to get a interim order in favour of MIL if she files a DV case against DIL. Please provide the facts on the basis of MIL can have the same.

Thanks

Gaurav



 



Learning

 8 Replies

Tajobsindia (Senior Partner )     25 March 2013

Stay order are granted base don merits of each case.
Each case are based on set of facts.
Facts you should provide about the MIL / DIL.
Facts based on which stay order may be granted to a MIL are with you and not with us.
How do you expect us to provide you with the facts?

Your line of question itself is faulty.

Gaurav (Agent)     26 March 2013

Thank you sir.... for your reply

Affiddavit for interim order can be applied at the of filling a case. or it should be applied only on 1st trial ???

I hope my ques. here is not faulty.

thanks

Gaurav

Gaurav (Agent)     28 March 2013

No Advice :(


(Guest)

Aap chahate kya ho?

Gaurav (Agent)     12 April 2013

Advice.... Sir bdaaa pareshaan hu apni bhabi se my mom is going to file DV against her nd looking for eviction... Bus yeh btado is there any possibility under any law jiske through she can seek for stay order... Pls note property is a self aquired

(Guest)
Originally posted by : Gaurav
Advice.... Sir bdaaa pareshaan hu apni bhabi se my mom is going to file DV against her nd looking for eviction... Bus yeh btado is there any possibility under any law jiske through she can seek for stay order... Pls note property is a self aquired

Aapki problem/query samajh mein nahi aaya hamein.


Perhaps you are telling like this.


DIL wants to barge into MIL house which is a self aquired property.  Now you are asking that can MIL get stay order for that.  Right?


First ensure that the husband is not staying with the mother at the said property.


If Husband is staying at his mother's property, then DIL CAN BARGE INTO THE HOUSE WITH HELP OF POLICE, that is cent percent sure.


If husband is living separately and not with his mother, then DIL CANNOT BARGE INTO THE HOUSE OF MIL.


DIL barging into the MIL house will be done via orders under Section 23 of DV act which are exparte orders.  Now MIL can appeal in SESSIONS COURT for setaside of such order stating the facts.


If DIL  is a shameless one, then MIL can go for a civil injunction too to be on the safer side.


Please also refer to my reply here


https://www.lawyersclubindia.com/forum/PDVAW-marital-home-AP-78582.asp#.UWeWjKLTy_o

Gaurav (Agent)     14 April 2013

DIL barging into the MIL house will be done via orders under Section 23 of DV act which are exparte orders.  Now MIL can appeal in SESSIONS COURT for setaside of such order stating the facts.

If i m not wrong under section 23 of DV, DIL can barge if the house is a shared household. ???? Right???

Please confirm, As the house is soley belongs to MIL (Sale deed). Can still DIL can try to barge???

 

Thanks

Gaurav


(Guest)
Originally posted by : Gaurav

DIL barging into the MIL house will be done via orders under Section 23 of DV act which are exparte orders.  Now MIL can appeal in SESSIONS COURT for setaside of such order stating the facts.

If i m not wrong under section 23 of DV, DIL can barge if the house is a shared household. ???? Right???

Please confirm, As the house is soley belongs to MIL (Sale deed). Can still DIL can try to barge???

 

Thanks

Gaurav

Please go through what I've written, once again.


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